FNS-10 e-cfr reg citation

Electronic Code of Federal Regulations:
e-CFR Data is current as of August 17, 2011
Title 7: Agriculture
PART 210—NATIONAL SCHOOL LUNCH PROGRAM
Subpart B—Reimbursement Process for States and School Food Authorities
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§ 210.5 Payment process to States.
(a) Grant award. FNS will specify the terms and conditions of the State
agency's grant in a grant award document and will generally make payments
available by means of a Letter of Credit issued in favor of the State
agency. The State agency shall obtain funds for reimbursement to
participating school food authorities through procedures established by
FNS in accordance with 7 CFR part 3016. State agencies shall limit
requests for funds to such times and amounts as will permit prompt payment
of claims or authorized advances. The State agency shall disburse funds
received from such requests without delay for the purpose for which drawn.
FNS may, at its option, reimburse a State agency by Treasury Check. FNS
will pay by Treasury Check with funds available in settlement of a valid
claim if payment for that claim cannot be made within the grant closeout
period specified in paragraph (d) of this section.
(b) Cash-in-lieu of donated foods. All Federal funds to be paid to any
State in place of donated foods will be made available as provided in part
240 of this chapter.
(c) Recovery of funds. FNS will recover any Federal funds made available
to the State agency under this part which are in excess of obligations
reported at the end of each fiscal year in accordance with the
reconciliation procedures specified in paragraph (d) of this section. Such
recoveries shall be reflected by a related adjustment in the State
agency's Letter of Credit.
(d) Substantiation and reconciliation process. Each State agency shall
maintain Program records as necessary to support the reimbursement
payments made to school food authorities under §§210.7 and 210.8 and the
reports submitted to FNS under this paragraph. The State agency shall
ensure such records are retained for a period of 3 years or as otherwise
specified in §210.23(c).
(1) Monthly report. Each State agency shall submit a final Report of
School Program Operations (FNS–10) to FNS for each month. The final
reports shall be limited to claims submitted in accordance with §210.8 of
this part. For the month of October, the final report shall include the
total number of children approved for free lunches, the total number of
children approved for reduced price lunches, and the total number of
children enrolled in participating public schools, private schools, and
residential child care institutions, respectively, as of the last day of
operation in October. The final reports shall be postmarked and/or
submitted no later than 90 days following the last day of the month
covered by the report. States shall not receive Program funds for any
month for which the final report is not submitted within this time limit
unless FNS grants an exception. Upward adjustments to a State's report
shall not be made after 90 days from the month covered by the report

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unless authorized by FNS. Downward adjustments to a State's report shall
always be made regardless of when it is determined that such adjustments
are necessary. FNS authorization is not required for downward adjustments.
Any adjustments to a State's report shall be reported to FNS in accordance
with procedures established by FNS.
(2) Quarterly report. Each State agency shall also submit to FNS a
quarterly Financial Status Report (SF–269) on the use of Program funds.
Such reports shall be postmarked and/or submitted no later than 30 days
after the end of each fiscal year quarter.
(3) End of year report. Each State agency shall submit a final Financial
Status Report (SF–269) for each fiscal year. This final fiscal year grant
closeout report shall be postmarked and/or submitted to FNS within 120
days after the end of each fiscal year or part thereof that the State
agency administered the Program. Obligations shall be reported only for
the fiscal year in which they occur. FNS will not be responsible for
reimbursing Program obligations reported later than 120 days after the
close of the fiscal year in which they were incurred. Grant closeout
procedures are to be carried out in accordance with 7 CFR part 3016.
[53 FR 29147, Aug. 2, 1988, as amended at 54 FR 12580, Mar. 28, 1989; 56
FR 32939, July 17, 1991; 71 FR 39516, July 13, 2006]
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